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Patna High CourtMJC/482/2019disposed

Sri Umesh Kumar Rai v. The State Of Bihar Through The Principal Secretary, Excise, Department, Government Of Bihar And ORS

2019-03-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.482 of 2019 In Criminal Writ Jurisdiction Case No.2823 of 2018 ====================================================== Sri Umesh Kumar Rai, aged about 50 Years, Gender-Male, Son of Braj Kishore Roy, Resident of Village- Rampur, P.S. Hasanpur, District Samastipur.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Excise Department, Government of Bihar, Patna.

2.

The Principal Secretary, Excise Department, Government of Bihar, Patna. 3.

The District Magistrate, Samastipur.

4.

The Superintendent of Police, Samastipur.

5.

The Thana Incharge, Hasanpur, Police Station Hasanpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Bhubneshwar Prasad, Advocate.

For the State :

Mr.Pushkar Narain Shahi, A.A.G. 6.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 20.12.2018 passed in Cr. W.J.C. No. 2823 of 2018 to the effect that in paragraph no. 4 of the order dated 20.12.2018 passed in Cr.W.J.C. No. 2823 of 2018, Khata No. be read as '287' in place of '247' and Khesra No. be read as '350' in place of '330' in connection with Hasanpur P.S. Case No. 187 of 2017 registered under Sections 47 and 30(a) of the Bihar Prohibition & Excise Act, 2016.

Patna High Court MJC No.482 of 2019(2) dt.13-03-2019 2/2 Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in paragraph nos. 4 and 5 of the modification application, the order dated 20.12.2018 passed in Cr.W.J.C. No. 2823 of 2018 is modified to the effect that Khata No. be read as '287' in place of '247' and Khesra No. be read as '350' in place of '330'. The rest of the conditions stipulated in the order will be same. The order dated 20.12.2018 passed in Cr. W.J.C. No. 2823 of 2018, is modified to the extent as indicated above. Accordingly, the modification application is allowed. (Sudhir Singh, J) U.K./- U T